Unnecessary for Sentencing Court to State Reasons for Rejecting Booker Argument

U.S. v. Ruiz-Terrazas, -- F.3d --, 2007 WL 576034 (10th Cir. 2/26/07) - The Court of Appeals oveholds the district court did not err in failing to articulate reasons for rejecting 3553(a) arguments for below-GLs sentence in illegal reentry case. The district court was not required by § 3553(c) to address the § 3553(a) factors on the record in imposing within-GLs sentence; further explanation would not have affected the outcome. Even without a presumption of reasonableness attached to a within-GLs sentence, the COA says it would not find the sentence here unreasonable in light of the advisory GL range, the 3553(a) factors, and Mr. Ruiz-Terrazas's criminal history. Consideration of prior convictions re: both calculation of criminal history and a § 2L1.2 enhancement was permissible.